Legal Consequences of Domestic Abuse

Domestic violence is violent conduct between:

•Spouses
•Family members
•Those residing in the same household that causes or threatens injury.

Where the violence is between adults, a state generally won't get involved unless the conduct becomes criminal in nature. Most states have a list of criminal statutes that, if violated, qualify as domestic violence if the victim is a family member or lives with the person violating the statute.

The legal consequences of domestic violence vary from state to state.

In general, courts are authorized at a first (or "emergency") hearing to act on a temporary basis. For example, where there is reasonable suspicion that domestic violence has taken place, the court may temporarily restrain the person accused of domestic violence from contact with the victim.

Where appropriate, the court will restrain the person accused from contact with the children of the victim or the parties.

Temporary restraints may require the accused person to move out of the shared residence. These restraints may also bar contact at the workplace or school as well as the residence, heaping a substantial burden on the person accused of domestic violence.

Shortly following a first or emergency hearing, a court must hold a full hearing or a trial to determine whether or not domestic violence occurred. If the court decides there was domestic violence, the judge can offer a wide range of remedies, which differ from state to state. These remedies may include:

•Permanent restraints
•Award of money damages
•Liability for child or spousal support
•Orders regarding child custody and visitation
Additionally, if a court finds someone to have been violent, the court may refer the matter to law enforcement for criminal prosecution.

Most states have shelters to house victims of domestic violence. Many police departments intervene aggressively in domestic violence situations to encourage the victim to bring criminal and civil charges against the abuser.

Eric M. Gansberg is your #1 source for a family law attorney regarding domestic violence in New York and Staten Island! He has the background and experience to make sure your interests are protected first. Choose Eric M. Gansberg for all your domestic law attorney needs!